TEXAS CODE OF CRIMINAL PROCEDURE by cheesepie7

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									                TEXAS CODE OF CRIMINAL PROCEDURE


Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in
racial profiling.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.

Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING.

 (a) In this article:
         (1) "Law enforcement agency" means an agency of the state, or of a county,
municipality, or other political subdivision of the state, that employs peace officers who
make traffic stops in the routine performance of the officers' official duties.
         (2) "Race or ethnicity" means of a particular descent, including Caucasian,
African, Hispanic, Asian, or Native American descent.
         (b) Each law enforcement agency in this state shall adopt a detailed written
policy on racial profiling. The policy must:
         (1) clearly define acts constituting racial profiling;
         (2) strictly prohibit peace officers employed by the agency from engaging in
racial profiling;
         (3) implement a process by which an individual may file a complaint with the
agency if the individual believes that a peace officer employed by the agency has
engaged in racial profiling with respect to the individual;
         (4) provide public education relating to the agency's complaint process;
         (5) require appropriate corrective action to be taken against a peace officer
employed by the agency who, after an investigation, is shown to have engaged in racial
profiling in violation of the agency's policy adopted under this article;
         (6) require collection of information relating to traffic stops in which a citation is
issued and to arrests resulting from those traffic stops, including information relating to:
         (A) the race or ethnicity of the individual detained; and
         (B) whether a search was conducted and, if so, whether the person detained
consented to the search; and
         (7) require the agency to submit to the governing body of each county or
municipality served by the agency an annual report of the information collected under
Subdivision (6) if the agency is an agency of a county, municipality, or other political
subdivision of the state.
         (c) The data collected as a result of the reporting requirements of this article shall
not constitute prima facie evidence of racial profiling.
         (d) On adoption of a policy under Subsection (b), a law enforcement agency shall
examine the feasibility of installing video camera and transmitter-activated equipment in
each agency law enforcement motor vehicle regularly used to make traffic stops and
transmitter-activated equipment in each agency law enforcement motorcycle regularly
used to make traffic stops. If a law enforcement agency installs video or audio equipment
as provided by this subsection, the policy adopted by the agency under Subsection
(b) must include standards for reviewing video and audio documentation.
       (e) A report required under Subsection (b)(7) may not include identifying
information about a peace officer who makes a traffic stop or about an individual who is
stopped or arrested by a peace officer. This subsection does not affect the collection of
information as required by a policy under Subsection (b)(6).
       (f) On the commencement of an investigation by a law enforcement agency of a
complaint described by Subsection (b)(3) in which a video or audio recording of the
occurrence on which the complaint is based was made, the agency shall promptly provide
a copy of the recording to the peace officer who is the subject of the complaint on written
request by the officer.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.

Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS.

(a) In this article:
         (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a).
         (2) "Pedestrian stop" means an interaction between a peace officer and an
individual who is being detained for the purpose of a criminal investigation in which the
individual is not under arrest.
         (b) A peace officer who stops a motor vehicle for an alleged violation of a law or
ordinance regulating traffic or who stops a pedestrian for any suspected offense shall
report to the law enforcement agency that employs the officer information relating to
the stop, including:
         (1) a physical description of each person detained as a result of the stop,
including:
         (A) the person's gender; and
         (B) the person's race or ethnicity, as stated by the person or, if the person does
not state the person's race or ethnicity, as determined by the officer to the best of the
officer's ability;
         (2) the traffic law or ordinance alleged to have been violated or the suspected
offense;
         (3) whether the officer conducted a search as a result of the stop and, if so,
whether the person detained consented to the search;
         (4) whether any contraband was discovered in the course of the search and the
type of contraband discovered;
         (5) whether probable cause to search existed and the facts supporting the
existence of that probable cause;
         (6) whether the officer made an arrest as a result of the stop or the search,
including a statement of the offense charged;
         (7) the street address or approximate location of the stop; and
         (8) whether the officer issued a warning or a citation as a result of the stop,
including a description of the warning or a statement of the violation charged.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED.

(a) In this article, "pedestrian stop" means an interaction between a peace officer and an
individual who is being detained for the purpose of a criminal investigation in which the
individual is not under arrest.
         (b) A law enforcement agency shall compile and analyze the information
contained in each report received by the agency under Article 2.133. Not later than
March 1 of each year, each local law enforcement agency shall submit a report containing
the information compiled during the previous calendar year to the governing body of
each county or municipality served by the agency in a manner approved by the agency.
         (c) A report required under Subsection (b) must include:
         (1) a comparative analysis of the information compiled under Article 2.133 to:
         (A) determine the prevalence of racial profiling by peace officers employed by
the agency; and
         (B) examine the disposition of traffic and pedestrian stops made by officers
employed by the agency, including searches resulting from the stops; and
         (2) information relating to each complaint filed with the agency alleging that a
peace officer employed by the agency has engaged in racial profiling.
         (d) A report required under Subsection (b) may not include identifying
information about a peace officer who makes a traffic or pedestrian stop or about an
individual who is stopped or arrested by a peace officer. This subsection does not affect
the reporting of information required under Article 2.133(b)(1).
         (e) The Commission on Law Enforcement Officer Standards and Education shall
develop guidelines for compiling and reporting information as required by this article.
         (f) The data collected as a result of the reporting requirements of this article shall
not constitute prima facie evidence of racial profiling.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.


Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO
EQUIPMENT.

(a) A peace officer is exempt from the reporting requirement under Article 2.133 and a
law enforcement agency is exempt from the compilation, analysis, and reporting
requirements under Article 2.134 if:
         (1) during the calendar year preceding the date that a report under Article 2.134 is
required to be submitted:
         (A) each law enforcement motor vehicle regularly used by an officer employed
by the agency to make traffic and pedestrian stops is equipped with video camera and
transmitter-activated equipment and each law enforcement motorcycle regularly used to
make traffic and pedestrian stops is equipped with transmitter-activated equipment; and
         (B) each traffic and pedestrian stop made by an officer employed by the agency
that is capable of being recorded by video and audio or audio equipment, as appropriate,
is recorded by using
the equipment; or
         (2) the governing body of the county or municipality served by the law
enforcement agency, in conjunction with the law enforcement agency, certifies to the
Department of Public Safety, not later than the date specified by rule by the department,
that the law enforcement agency needs funds or video and audio equipment for the
purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and
the agency does not receive from the state funds or video and audio equipment sufficient,
as determined by the department, for the agency to accomplish that purpose.
         (b) Except as otherwise provided by this subsection, a law enforcement agency
that is exempt from the requirements under Article 2.134 shall retain the video and audio
or audio documentation of each traffic and pedestrian stop for at least 90 days after the
date of the stop. If a complaint is filed with the law enforcement agency alleging that a
peace officer employed by the agency has engaged in racial profiling with respect to a
traffic or pedestrian stop, the agency shall retain the video and audio or audio record of
the stop until final disposition of the complaint.
         (c) This article does not affect the collection or reporting requirements under
Article 2.132.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.


Art. 2.136. LIABILITY.

A peace officer is not liable for damages arising from an act relating to the collection or
reporting of information as required by Article 2.133 or under a policy adopted under
Article 2.132.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.


Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT.


(a) The Department of Public Safety shall adopt rules for providing funds or video and
audio equipment to law enforcement agencies for the purpose of installing video and
audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to
prioritize funding or equipment provided to law enforcement agencies. The criteria may
include consideration of tax effort, financial hardship, available revenue, and budget
surpluses. The criteria must give priority to:
         (1) law enforcement agencies that employ peace officers whose primary duty is
traffic enforcement;
         (2) smaller jurisdictions; and
         (3) municipal and county law enforcement agencies.
         (b) The Department of Public Safety shall collaborate with an institution of
higher education to identify law enforcement agencies that need funds or video and audio
equipment for the purpose of installing video and audio equipment as described by
Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in
developing criteria to prioritize funding or
equipment provided to law enforcement agencies.
        (c) To receive funds or video and audio equipment from the state for the purpose
of installing video and audio equipment as described by Article 2.135(a)(1)(A), the
governing body of a county or municipality, in conjunction with the law enforcement
agency serving the county or municipality, shall certify to the Department of Public
Safety that the law enforcement agency needs funds or video and audio equipment for
that purpose.
        (d) On receipt of funds or video and audio equipment from the state for the
purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A),
the governing body of a county or municipality, in conjunction with the law enforcement
agency serving the county or municipality, shall certify to the Department of Public
Safety that the law enforcement agency has installed video and audio equipment as
described by Article 2.135(a)(1)(A) and is using the equipment as required by Article
2.135(a)(1).

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.

								
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